THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE (SEE SECTION 1) AND LOCATED IN THE UNITED STATES AT THE TIME OF PARTICIPATION.
2022 BMW DALLAS MARATHON FESTIVAL SWEEPSTAKES (“SWEEPSTAKES”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
- ELIGIBILITY: The Sweepstakes is open only to individuals who (a) are legal U.S. residents residing in Texas; (b) possess a valid driver’s license; and (c) are twenty-five (25) years of age or older at the time of entry. Void where prohibited.
Employees, officers, directors, contractors and agents of The Southern Region Advertising Council, Inc. (“Sponsor”), BMW of North America LLC (“BMW NA”), participating BMW dealerships, Genesco Sports Enterprises, Inc. (“Administrator”), Dallas White Rock Marathon their respective parent, subsidiary and affiliated companies, Web masters/suppliers, advertising and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes or the Dallas Marathon (collectively “Sponsor and Promotion Parties”), each of their respective IRS dependents, immediate family members (spouse, parent, child, sibling and their respective spouses), and individuals residing in their same household are not eligible to participate or win. The Sweepstakes is subject to applicable federal, state, and local laws and regulations. Sponsor reserves the right, at any time, to verify eligibility requirements in any manner it deems appropriate. By participating, participants agree to these Official Rules, which are final and binding in all respects.
- SWEEPSTAKES TIMING: The Sweepstakes begins on May 1, 2022 at 8:00:00 a.m. Central Time (“CT”) and ends on November 30, 2022 at 11:59:59 p.m. CT (“Sweepstakes Period”). The time clock of the computer administering this Sweepstakes is the official time-keeping device of the Sweepstakes.
- HOW TO ENTER: There are two (2) ways to enter the Sweepstakes:
(a) MARATHON REGISTRATION: During the Sweepstakes Period, complete the following steps to register for the Sweepstakes.
Step 1: Visit rundallas.com and register to participate in any one of the events being hosted during the BMW Dallas Marathon Festival weekend, December 9-11, 2022.. Upon completing your event registration, you will receive a unique confirmation code (“Code”). Save your Code for Step 2 below. Code is only valid for use by the individual who registered for the event. Code is subject to verification at the sole discretion of the Sponsor. Each Code can only be used once, subsequent attempts to re-submit or re-use the same Code will be void.
Codes cannot be sold, traded, bartered, assigned or transferred to or shared with a third party, auctioned through an online auction site, or otherwise or obtained through any other source other than the method mentioned above. Code has no cash value.
Step 2: Visit bmwdallasmarathonsweepstakes.eventsbmw.com (“Sweepstakes Website”) and follow the online instructions to register for the Sweepstakes by providing the required information, including your Code, and submit the online entry to receive one (1) entry into the random drawing. Limit one (1) Code per entry.
BY PARTICIPATING IN THE SWEEPSTAKES VIA THE “MARATHON WEEKEND REGISTRATION” METHOD OF ENTRY YOU UNDERSTAND AND ACKNOWLEDGE THERE ARE RISKS INVOLVED IN PARTICIPATING IN VARIOUS PHYSICAL ACTIVITY INCLUDING THE RISK OF SERIOUS PHYSICAL INJURY.
ACTIVITY RELEASE: ALL ACTIVITIES IN CONNECTION WITH THE SWEEPSTAKES (INCLUDING, BUT NOT LIMITED TO, PARTICIPATING IN A MARATHON) (“PHYSICAL ACTIVITIES”), ARE AT THE RISK OF THE PARTICIPANT. BY PARTICIPATING, PARTICIPANT ON BEHALF OF ITSELF AND ITS HEIRS, EXECTUTORS AND ASSIGNS, ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN PARTICIPATING IN SWEEPSTAKES ACTIVITIES, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PHYSICAL ACTIVITIES IS VOLUNTARY, AND AGREES THAT SPONSOR AND RELEASED PARTIES (DEFINED BELOW) ARE RELEASED FROM ANY AND ALL LIABILITY, INCLUDING LIABILITY FOR ANY DAMAGES, INJURIES OR LOSSES OF ANY KIND TO ANY PERSON, INCLUDING DEATH, OR PROPERTY ARISING DIRECTLY OR INDIRECTLY FROM THE PHYSICAL ACTIVITIES AND THAT SPONSOR AND RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
(b) MAIL-IN: To enter without registering for the 2022 BMW Dallas Marathon Festival, hand print your first and last name, complete mailing address with zip code (no PO Boxes), daytime phone number and email address on a 3” x 5” card and mail in an envelope to: 2022 BMW Dallas Marathon Sweepstakes, c/o GSE, PO Box 130, Dept. 22-8116-25, Glencoe, MN 55336-0130. Mail-in entries must be postmarked by November 30, 2022 and received by December 7, 2022. Limit one (1) mail-in entry per outer mailing envelope. No responsibility is assumed by Sponsor for lost, late, illegible, incomplete, mutilated, stolen, postage-due or misdirected mail. All entries become the property of Sponsor and will not be returned to participant.
Limit one (1) entry per person/email address for the entire Sweepstakes Period, regardless of entry method. Entry submission must be manually keystroked or entered by the individual participant. All participants must have a valid email address. Multiple participants may not share the same email address. A potential winner may be requested to provide Sponsor with proof that he or she is the authorized account holder of the email address associated with the winning entry and/or an eligible participant. In the event of a dispute over the identity of a participant, the entry will be declared made by the authorized account holder of the email address used during the submission process. The “authorized account holder” is the person who is assigned to the email address by the online service provider. A potential winner may be required to provide identification sufficient to show that he or she is the authorized account holder of such account. Automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email addresses/IP addresses may be blocked. Additionally, if it is discovered that a participant used multiple identities, email addresses, phone numbers and/or mailing addresses or manipulated such information, for the purpose of obtaining more than one (1) entry, he or she will be disqualified, and any prize won shall be forfeited.
- RANDOM DRAWING: The potential winner will be selected in a random drawing to be held on or about December 9, 2022 from among all eligible entries received by the Administrator, whose decisions shall be final and binding in all matters relating to this Sweepstakes. Odds of winning depend on the number of eligible entries received.
- PRIZE DETAILS: One (1) prize will be awarded, consisting of winner’s choice of a new BMW vehicle up to a maximum Manufacturer’s Suggested Retail Price (“MSRP”) of $52,720.00, and subject to availability. Winner is responsible for all federal, state, and local taxes (including, but not limited to, sales taxes and income taxes) and all other costs and expenses not specifically stated above, including but not limited to registration, license, title, insurance fees; the cost of any upgrades, or optional equipment. Winner must present valid driver’s license and evidence of automobile insurance at time of delivery or prize will be forfeited and awarded to an alternate winner. Failure to take delivery within 30 days of availability could cause prize to be forfeited and awarded to an alternate. Winner does not have a choice of color, accessory or options, and the actual vehicle may differ from those shown in advertisements, if any. In accepting the prize, winner acknowledges and agrees that operation of a motor vehicle poses certain inherent risks of injury and harm to property. Approximate Retail Value (“ARV”) of prize: Up to $52,720.00. Winner must accept prize as stated by Sponsor, or prize may be forfeited and awarded to an alternate winner. Any difference between stated value and actual value of the prize will not be awarded. Prize is non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. Taxes, if any, on prize are solely the responsibility of the winner. Winner will be required to provide a valid social security number and will receive an IRS 1099 tax form for the ARV of the prize.
- WINNER NOTIFICATION: Potential winner will be notified by phone and/or email and must provide Administrator with their full contact information (including full name, complete mailing address, phone number and date of birth) within five (5) days of notification or prize may be forfeited and awarded to an alternate winner. The potential winner will also be required to complete, sign and return an IRS Form W-9 (including social security number) and an Affidavit of Eligibility/Liability Release with (where lawful) a publicity release (“Affidavit”) within five (5) days of notification as stated on the Affidavit. Sponsor and its agencies are not responsible for (a) suspended or discontinued landline, wireless or online service which may result in a potential winner not receiving a notification; (b) any change in participant’s contact information; or (c) any undelivered emails, including without limitation, emails that are not received because of the winner’s privacy or spam filter settings which may divert any Sweepstakes email, including any winner notification email, to a spam or junk folder. If (a) an attempted prize notification or prize is returned as undeliverable, (b) the potential winner does not respond to the prize-claim instructions as stated within the notification, (c) any required documents are not returned within the required number of days, (d) the potential winner cannot be verified, or (e) the potential winner is otherwise unable to accept the prize as stated, the prize may be forfeited and awarded to an alternate winner, in Sponsor’s sole discretion.
- GENERAL CONDITIONS: As a condition of entering, participants agree (and agree to confirm in writing) Sponsor and Promotion Parties, and each of their respective parent companies, subsidiaries, affiliates, and their respective directors, officers, owners, governors, employees, agents, and representatives (collectively “Released Parties”) are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the prize, including travel thereto or participation in this Sweepstakes or any Sweepstakes-related activities. Except where legally prohibited, winner grants (and agrees to confirm such grant in writing) permission to Sponsor and those acting under its authority the right to the use of his or her name, picture, likeness, voice, and biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet, without notice, review or approval.
- LIMITATIONS OF LIABILITY: Released Parties are not responsible for lost, illegible, late, misdirected, incomplete, mutilated, or non-delivered entries or emails; or for interrupted or unavailable satellite, network, server, Internet Service Provider, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry, or other information, or the failure to capture, or loss of, any such information. Released Parties are not responsible for any incorrect or inaccurate information caused by any equipment or programming associated with or utilized in this Sweepstakes; and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Sweepstakes Website or any other Sweepstakes-related website or equipment used for Sweepstakes. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or operation of the Sweepstakes, to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Released Parties are not responsible for injury to participant resulting from participating in this Sweepstakes. Use of the Sweepstakes Website is at user’s own risk. If, for any reason, the Sweepstakes, in the sole opinion of Sponsor, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Sweepstakes, and randomly award the prize from among eligible non-suspect entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Additionally, Sponsor and Promotion Parties are not liable in the event that any portion of the Sweepstakes (including the prize) is compromised, modified or canceled due to pandemics or epidemics, outbreaks of infectious disease or any other public health crisis including quarantine measures of any government authority or other restrictions, weather, fire, strike, acts of war or terrorism, government restriction, or any other condition beyond their control (a “Force Majeure Event”).
- BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply South Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than those claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN SPONSOR’S SWEEPSTAKES, EACH PARTICIPANT AND PRIZE WINNER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT OR PRIZE RECIPIENT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT AND PRIZE WINNER’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.
- GOVERNING LAW/JURISDICTION: By entering, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of South Carolina, USA, without giving effect to any choice of law or conflict of law rules, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of South Carolina, in Greenville, South Carolina. By entering, participants consent to the jurisdiction and venue of the federal, state and local courts located in Greenville County, South Carolina, USA.
- WINNER’S LIST: For the name of the winner, send a self-addressed, stamped envelope to: 2022 BMW Dallas Marathon Festival Sweepstakes Winner’s List, PO Box 130, c/o GSE, Dept. 22-8116-25, Glencoe, MN 55336-0130, for receipt by December 31, 2022.
- SPONSOR: The Southern Region Advertising Council Inc., 1155 Hwy 101 South, Greer, SC 29651.